WILLIAMS v. STATE

No. 5D01-351.

811 So.2d 672 (2001)

Tracy WILLIAMS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 28, 2001.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee.


HARRIS, J.

Appellant's original conviction involving this incident was overturned by this court. On retrial, he was convicted of aggravated assault with a firearm, aggravated fleeing and eluding, and possession of a firearm by a convicted felon. He appeals contending the court erred in permitting the testimony of a witness presented during the first trial to be entered in the second trial without sufficient proof of her unavailability and also erred in denying his...

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